This Agreement was last revised on 12th December, 2022.
Cabcher (“application”) owned and managed by NEGUP SOLUTIONS (OPC) PRIVATE LIMITED (“we,” “us,” or “our”) welcomes you.
At Cabcher, we offer you meticulously designed Cloud-based Taxi Dispatch Software where we offer a taxi management system.
We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
If you access this Application anonymously, you will not be required to create a user name. But, to access certain Resources, you may be required to provide specific information like Name, Email, Phone number, Address, Company name, Company email, Company address, etc., and create a user ID and password to establish an account.
You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
We believe NEGUP SOLUTIONS (OPC) PRIVATE LIMITED should stay a clean place and we work hard to make it reliable and useful to our users. Therefore we do not tolerate any illegal activities, scams, spam, or trying to mislead other users to gain an advantage, get free work, or ask others to perform actions that are not legal. We monitor many things in the backend and as soon as we notice strange behavior, we put such accounts on hold and contact the owner. In cases where we are 100%, a user has tried to perform an illegal activity, we will immediately terminate such an account.
The Service (including any enhancements, upgrades, or updates) shall be transmitted by the Company to the User through Software. The Company will integrate its service with the User’s current Platform.
When you use Cabcher you agree to adhere to the content guidelines listed in our terms and privacy policies. You are solely responsible for the content submitted by you.
Please do not use content that:
Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to our services without advanced notice.
By this Application:
We offer a free trial period of 7 days where the user may cancel the subscription without being charged, after the 7 days the amount for the plan you chose will be deducted. The user shall be required to register with the website for using our service on trial.
Users must cancel their subscription 24 hours before the trial expires else, they will be charged a full payment for the period.
Note: We reserve the right to any changes in the refund policy. Any changes will be updated on our website.
Our general policy is your purchase will be considered final.
Subscriptions come with a 7-day free trial and will then be billed monthly or annually depending on what package you have chosen.
Without limiting the foregoing, you may cancel after completing 7 days trial at any time, upon such cancellation, you can still use the applicable paid service until the end of the terms you paid for.
For Cancellation of subscription, please cancel your subscription before 24 hours of renewal.
In a determination to accomplish customer satisfaction, the Customer can contact us through our email: [email protected] We will respond within 3 (Three) business days.
We reserve the right, but not the obligation, to limit the usage or supply of any product or service to any person, geographic region, or jurisdiction. We may use this right as per necessity.
Grant of license:
We request background location permissions to facilitate the drivers to manage their incoming rides. Our Users send taxi rides to them, and they are allowed to send live updates so the administration can track while the driver is on a job even when the app is in background or closed.
To manage all the rides the drivers who work for our Users need to have a driver app so we can monitor their schedule. Based on the GPS location we can track the driver on each ride, and see if he is delayed, running out of schedule etc. This information is essential to manage the Users daily schedule and keep our Users clients updated with the latest status without calling the driver.
Location data from Cabcher Driver App will be stored securely on our server and it will not be shared with any third-party providers.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so to operate the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, in our sole and absolute discretion, to deny you access to the Application or any service, or any portion of the Application or service, without notice, and to remove any content.
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any user or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Cabcher Application including loss of data or information or any kind of financial or physical loss or damage.
In no event shall NEGUP SOLUTIONS (OPC) PRIVATE LIMITED, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
Any materials provided by the Client/Customer in the course of using our service shall be kept confidential by us as against third parties, unless the disclosure is required under the process of law or unless the disclosure is to our’s financial auditors or governing regulatory bodies. Disclosing or using this information for any purpose beyond the scope of this Agreement.
We are not responsible to you for:
You are strictly prohibited from using the Application or any of our’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
The Application may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator of those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures (s) when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
Every effort has been taken to ensure that the information offered on this Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, and licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Application. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.TERMINATION
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.DISPUTE RESOLUTION
If a dispute arises between you and the application Cabcher, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and the application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the application Services (a “Claim”) following this section entitled “Dispute Resolution.” Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.ARBITRATION OPTION
For any claim arising between you and Cabcher (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the laws of India and the State of Tamil Nadu without giving effect to any principles of conflicts of law. The Courts of Chennai, Tamil Nadu shall have exclusive jurisdiction over any dispute arising from the use of the Application.FORCE MAJEURE
We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.ASSIGNMENT
We shall have the right to assign/transfer this agreement to any third party including its holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.FEEDBACK CONTACT
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]
If you miss renewing your subscription within the grace period, we will keep your data for the next 30 days. If you wish to re-activate the service within 30 days, you need to send an email to our Support team requesting to activate the account.
Customers who purchased the Subscription with a discounted price are continued to pay the same charges for up to 1 year and after that, they have to pay normal Subscription charges from the end of 1st year.
Cabcher can be customised according to your request at an additional cost based on the requirements. Customers who wish to opt for additional customizations won’t be eligible for future updates.
Customizations can’t be done in mid/anytime while the subscription is active. If any customizations are needed, they can be done after the current subscription period.
Our support service is only available from 10 am – 7 pm IST. Any request or queries of any kind will be replied to only through tickets within 24 – 48 hours of receiving the ticket.
For Telephone support, we will be charging additionally upon request.